Car Accident FAQ

Q & A with a Clearwater Car Accident Lawyer

At Roman & Gaynor, we believe that all injured car accident victims
and their loved ones should have a clear understanding about their rights
as victims and how they can use available legal avenues to recover their damages.

While our immediate attention and services are available to those who reach
out to our firm, we also make a point to equip visitors to our website
with a solid foundation of the facts about
car accidents and the claim process.

What exactly is a personal injury claim?

In the most basic of terms,
personal injury claims are civil lawsuits when litigation is necessary. In the context of car
accidents, personal injury claims are typically filed against negligent
drivers and defended by auto insurance companies of the party who is responsible
for causing the accident and injury. In the event that a business or corporation
is at fault, claims may be filed against the company itself.

Similar to insurance claims for property damage, the objective when pursuing
a personal injury claim is to assert that damages were caused, that another
party is responsible for causing the damages, and that this party should
be legally required to pay for the damages.

What is liability and how does it apply to car accidents?

Liability is a legal term that is essentially synonymous with "legal
obligation." When a person is determined to be at fault for causing
an accident and injury, they can be held liable, or legally responsible,
for financially compensating an injured victim for the damages they suffered.

Establishing liability is often the primary objective during the personal
injury claim process. Florida's no-fault insurance system allows each
driver to recover compensation from their own insurance company, up to
the policy limits, rather than collecting from the "at fault"
driver's insurance.

What are my rights?

As a victim injured by the negligence, carelessness, or wrongful act of
another, you have the legal right to pursue compensation from the responsible
party. You have the right to file a personal injury claim and show evidence
that another person is at fault for causing your injuries. By asserting
your rights through the available legal avenues, you can recover the compensation
to which you are entitled.

What compensation can I recover?

The value of your claim is entirely dependent upon a variety of circumstances
related specifically to your accident and injury.

When a court determines that another party is liable for your injuries,
they will award you compensation for your physical, emotional, and / or
financial damages. As injuries and victims are always unique, so is their
compensation.

In the most general terms, you can recover damages for:

Physical injuries, which can also include your pain and suffering, disabilities, limitations, etc.

Emotional damages are intangible and difficult to equate in monetary sums, courts will also
award compensation for non-economic damages such as your psychological
injuries, mental anguish, loss in the quality or enjoyment of your life,
and the harm caused to your loved ones.

Financial damages are more easily determined, and can include past and future medical expenses,
lost work wages and future earnings, and other financial harm directly
resulting from your injuries. In cases that involve egregious acts of
negligence and / or misconduct, such as in
drunk driving accidents.

Punitive damages as a way of further penalizing wrongdoers. Our firm works to show clear
evidence of all the damages you sustained and aim to maximize your compensation
in any way possible.

Do I need an attorney?

While you are not legally required to have an attorney when filing a personal
injury claim, the benefits of working with an experience lawyer far outweigh
the consequences of undertaking this complex process alone. Simply put,
personal injury claims can be legally complex and rife with technical
information.

When claims are contested by powerful insurance companies that do everything
in their power to pay victims as little as possible, the threat of receiving
less compensation than you require and deserve should prompt you to work
with proven legal representation.

Have More Questions? Request a Free Consult!

If you have any additional questions about car accidents and the personal
injury claim process, or if you wish to discuss your own case with a member
of our legal team, we invite you to schedule a free, no-obligation case
evaluation. Find the answers you need and the support you deserve.

Our car accident lawyers proudly serve clients across the region from offices
in Clearwater and New Port Richey.

We Have Recovered
Over $85 Million for Our Clients

$4,356,000Verdict for Traumatic Brain Injury Victim

Client was rear-ended with great force by an employee of Mercedes Benz of Melbourne on a rural highway in South Florida. The collision was so powerful that three cars were totally destroyed and the client was rendered unconscious. The Client sustained multiple fractures to her arm and ribs, damage to her shoulder and she sustained brain damage. The jury deliberated almost four hours at the conclusion of a six day trial in Brevard County, Florida.

$2,700,000Verdict for Truck Accident Victim

After a six day trial, a Pasco County Jury awarded our clients $2,161,000.00 for wife and $631,900.00 for husband. The wife sustained a head injury and had a spine surgery. The husband injured his hands, shoulder and knee.

$1,450,000Settlement for Injured Pedestrian

Roman & Gaynor sued our client's car insurance company when they refused to take her fractured pelvis seriously. After being pinned between 2 cars in a parking lot, she could not walk normally or return to work. This jury verdict is more than 10 times the amount of the policy she sought, and her insurance company refused to pay, after her injury. State Farm later settled her bad faith claim and Roman & Gaynor collected the excess judgment.

$1,175,000.00Verdict for Traumatic Brain Injury Victim

$1,175,000.00: A New Port Richey man was injured in a motor vehicle collision
when his work van was hit and flipped over, causing him to be ejected
from his vehicle, crushing his skull. Roman & Gaynor's investigation
revealed that the work van was not equipped with operable seatbelts. A
lawsuit against his employer, who was responsible for the maintenance
of the work van, resulted in a $1,175,000.00 settlement.

$850,000.00Settlement for Husband & Wife

A Pasco County couple were seriously injured in a rear end collision in
Pasco County. After spinal surgeries, Roman & Gaynor successfully
negotiated a global settlement in the amount of $850,000 which assisted
this couple in rebuilding their lives.

$836,000.00Settlement in Rear End Collision

Our clients, a 56 and 58 year old couple from Pasco County, were stopped
for a red light in Tampa when they were rear ended by a distracted driver.
Both husband and wife suffered herniated discs as a result of this accident
which resulted in 4 spinal surgeries. The at fault party’s insurance
carrier asserted a low impact defense, and asserted that our client suffered
from these injuries prior to the accident. After protracted litigation,
and just 2 months prior to trial, Roman & Gaynor secured a $836,000
settlement in favor of this couple.

$820,000.00Settlement in Rear End Collision

After a year of litigating a case the Defendant never took seriously, Roman
& Gaynor negotiated this settlement just to days before trial for
a young lady with a spine injury. In this case, a relatively low impact
collision led to more than one spinal surgery, including fusion.

$600,000.00Jury Verdict for Accident Victim

A St. Petersburg woman received a verdict of more than $600,000 for multiple
injuries sustained in a car accident including a broken pelvis. We received
the verdict at the end of a three-day trial. The Defendant was the driver
of a truck who ran a red light.

$520,000.00Settlement in Auto Accident

A husband and wife were traveling 55 mph in the middle lane when they were
suddenly side-swiped. Their vehicle sustained tremendous property damage
to the driver’s side and the mirror had even ripped off the door.
The at-fault driver fled the scene, but was later charged and arrested
for a DUI. The insurance adjuster initially offered to settle the claim
for a very minimal amount. The wife underwent neck surgery and the husband
had back surgery. After operative reports were submitted to the adjuster,
the policy limits of the at-fault party were tendered along with two underinsured
motorist policies in this case for a total resolution of $520,000.

$425,000.00Settlement After Semi Tractor Trailor Runs Client Off Road

Roman and Gaynor's client was driving on US-19 in Louisiana behind
a Semi-truck with a trailer attached. After clipping the side of the clients
car, the trailer came completely unhinged, causing a devastating collision,
resulting in closed head injury. After protracted litigation, settlement
was reached in the amount of $425,000.

Reviews From Our Clients

“The expertise of this firm is wonderful.”

Grace M.

“I cannot stress enough how professional, comfortable and relaxed I was at trial. ”

James F.

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Marie S.

“Prompt, aggressive, compassionate representation is exactly what I received.”

The C Family

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Maria S.

“They really do take their job serious and they really care about their clients!”

Karen W.

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Jessica T.

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Mary R.

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Edward R.

“Thank you everyone at Roman & Gaynor. You really took care of me.”

Luis G.

“You and your wonderful staff have restored my faith in the legal profession.”

Mark M.

“Your firm cares about taking care of their people. I would refer them and use them again if needed.”

Sultana M.

“Thanks for being there for me every step of the way!”

Katie B.

“I had experience with other law firms, but yours is different. We really feel that you humanly care.”